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Federal/State/People Powers

Consider an amendment to the Constitution that would clarify the 10th Amendment regarding the express powers Congress claims under the “interstate commerce” or “necessary and proper” clauses.

Members: 4
Latest Activity: Nov 26, 2010

Express powers amendment

Governor Otter (Idaho) has requested the Idaho state legislature to pass a resolution to the federal government to initiate two amendments to the Constitution of the United States that would better define the powers of the federal government vis-à-vis the states and the people.
The first would amend the Tenth Amendment to read as follows: (Changes in quotes): "The powers not “expressly” delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. “This amendment shall be considered by all federal courts as a rule of interpretation and construction in construing any case involving an interpretation of any Constitutional power claimed by the Congress under either the "interstate commerce" or the "necessary and proper" clauses of Section 8, Article I.”"
The second would amend the Interstate Commerce Clause (Article I, Section 8) as follows: (Changes in quotes): "To “directly” regulate Commerce with the foreign nations, and among the several States, and with the Indian Tribes, “with no authority in Congress to regulate matters that are primarily intrastate with only an insignificant or collateral affect upon interstate commerce”".

Wyoming has passed a version of the resolution and it is being promoted within the Western Governors Association.

Discussion Forum

Intrastate Commerce Act 2 Replies

The Federal government has overreached the authority it received in the Constitution to regulate interstate commerce. In the Commonwealth of Virginia, legislation has been pre-filed for 2011 to…Continue

Tags: federal, power, intrastate, commerce, amendment

Started by Daniel Dyer. Last reply by Bonita Colley Nov 26, 2010.

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Comment by Daniel Dyer on July 24, 2010 at 7:32pm
Comment by Daniel Dyer on May 10, 2010 at 9:15pm
Ten members of the House of Representatives have formed a 10th Amendment Task Force under the Republican Study Committee led by Chairman Tom Price (R-GA). (Announcement May 6, 2010)

The mission of the task force is to devolve power from Washington and restore the proper constitutional balance of power through liberty-enhancing Federalism.

"We want less power in the Congress", said Utah Rep. Jason Chaffetz.
 

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